KUPPAR Vs. SUPERINTENDENT OF CENTRAL PRISON MADRAS

JUDGEMENT

(1.) THE petitioner seeks to invoke the inherent powers of this Court under Sec.482, Criminal Procedure Code praying set off, of the pre-trial detention, to which he claims to be entitled under Sec.428, Criminal Procedure Code.

(2.) HERE are a few facts which will be necessary to dispose of this petition. In respect of Crime Numbers 5569 and 5691 of 1987, the petitioner was prosecuted in C.C.Nos. 117 of 1988 (offences under Secs.341 and 323, I.P.C.) and 1172 of 1988 (offences under Secs.323, 336, 427 and 506(2), I.P.C.) on the file of the X Metropolitan Magistrate, Madras, convicted and sentenced to undergo rigorous imprisonment for 6 months in each case, judgments having been pronounced on the same day, viz. 27.9.1988. The petitioner was arrested on 5.12.1987 in respect of both the crimes and remanded either on 5.12.1987 or 6.12.1987, regarding which date there is a dispute between the petitioner and the respondent, which however could be solved by a perusal of the original remand order.

(3.) I have heard Sri R.Sankarasubbu, appearing for the petitioner and Mr.G.R.Edmund, Additional Public Prosecutor on behalf of the respondent. Let me now determine if the petitioner is entitled to the benefit of remission, contemplated under Sec.428, Criminal Procedure Code. Sec.428, Criminal Procedure Code runs thus: